Chapter 53 SEWERS

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any terms not defined herein, but defined in § 53.40, shall have the same meaning herein.

AMMONIA (NH3-N). Shall mean the same as ammonia nitrogen measured as nitrogen. The laboratory determinations shall be made in accordance with procedures set forth in “Standard Methods” as defined in this section.

BIOCHEMICAL OXYGEN DEMAND (BOD). As applied to sewage, sewage effluent, polluted waters or industrial wastes shall mean the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 20° C. The laboratory determinations shall be made in accordance with procedures set forth in “Standard Methods.”

BOARD. The Board of Public Works of the city or any duly authorized officials or boards acting in its behalf.

BUILDING (HOUSE) DRAIN. The lowest horizontal piping of a building drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to a point approximately five feet outside the foundation wall of the building.

BUILDING DRAIN, SANITARY. A building drain which conveys sanitary or industrial sewage only.

BUILDING DRAIN, STORM. A building drain which conveys storm water or other clean water drainage, but no wastewater.

BUILDING (or HOUSE) LATERAL SEWER. The extension from the building drain to the sewerage system or other place of disposal (also called HOUSE CONNECTIONS.)

BUILDING SEWER, SANITARY. A building sewer which conveys sanitary or industrial sewage only.

BUILDING SEWER, STORM. A building sewer which conveys storm water or other clean water drainage, but no wastewater.

CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD). Five-day measure at a pollutant parameters of Carbonaceous Biochemical Oxygen Demand.

CHEMICAL OXYGEN DEMAND (COD). As applied to sewage, sewage effluent, polluted waters or industrial wastes is a measure of the oxygen equivalent of that portion of organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in “Standard Methods.”

COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.

COMPATIBLE POLLUTANT. Biochemical Oxygen Demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree. The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants which may be considered compatible include:

(1) Chemical Oxygen Demand;

(2) Total organic carbon;

(3) Phosphorus and phosphorus compounds;

(4) Nitrogen and nitrogen compounds; or

(5) Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works).

EASEMENT. An acquired legal right for the specific use of land owned by others.

FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.

FLOATABLE OIL. Oil, fat or grease in a physical state such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the city.

GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.

INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including nonbiodegradable dissolved solids, and as further defined in Regulation 40 CFR Part 403.

IDEM. Indiana Department of Environmental Management.

INDUSTRIAL WASTES. Any solid, liquid or gaseous substances or form of energy discharged, permitted to flow or escape from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by a person and shall further mean any waste from an industrial sewer.

INFILTRATION. The water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to defective pipes, pipe joints, connections or manhole walls. (Infiltration does not include and is distinguished from inflow).

INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.

INFLOW. The water discharged into a sewer system, including building drains and sewers, from such sources as, but not limited to roof leaders, cellars, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. (INFLOW does not include, and is distinguishable from infiltration.)

INSPECTOR. The person or persons duly authorized by the city through its Board of Public Works to inspect and approve the installation of building sewers and their connection to the public sewer system.

MAJOR CONTRIBUTOR. A contributor that:

(1) Has a flow of more than 50,000 gallons per average workday;

(2) Has in its waste a toxic pollutant in toxic amounts as defined in Section 307(a) of the Federal Act or state statutes and rules;

(3) Has a flow greater than 5% of flow carried by the municipal system receiving the waste.

(4) Is found by the city, State Control Agency or the U.S. Environmental Protection Agency (USEPA) to have significant impact, either singly or in connection with other contributing industries, on the wastewater treatment system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system.

NPDES PERMIT. National Pollutant Discharge Elimination System Permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of Public Law 95-217.

NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.

NORMAL DOMESTIC SEWAGE. Shall have the same meaning as defined in § 53.40.

pH. The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution.

PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Indiana, the United States of America, or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

PHOSPHORUS (or P). The chemical element phosphorus, total. The laboratory determinations shall be made in accordance with procedures set forth in “Standard Methods” as defined this section.

PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR Section 403.6(d); and shall include all applicable rules and regulations contained in the Code of Federal Regulations as published in the Federal Register, under Section 307 of Public Law 95-217, under regulation 40 CFR Part 403 pursuant to the Act, and amendments.

PRIVATE SEWER. A sewer which is not owned by public authority.

PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments:

(1) COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.

(2) FORCE MAIN. A pipe in which wastewater is carried under pressure.

(3) INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.

(4) PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.

SANITARY SEWER. A sewer which carries sanitary and industrial wastes, and to which storm, surface and ground water are not intentionally admitted.

SEWAGE. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions (including polluted cooling water). The three most common types of sewage are:

(1) COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.

(2) INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).

(3) SANITARY SEWAGE. The combination of liquid and water-carried wastes discharged from toilet and other sanitary pumping facilities.

SEWAGE WORKS. The structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids.

SEWER. A pipe or conduit for carrying sewage.

SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than five minutes more than five times the average 24 hour concentration of flow during normal operation and which adversely affects the sewage works.

STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the Examination of Water and Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association and The Water Pollution Control Federation.

STORM SEWER. A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.

SUPERINTENDENT. The Superintendent of the city sewage works, or his authorized deputy, agent or representative.

SUSPENDED SOLIDS (or S.S.). Solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determination shall be made in accordance with procedures set forth in “Standard Methods.”

TOTAL SOLIDS. The sum of suspended and dissolved solids.

TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to the Clean Water Act (Public Law 95-217).

UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated to 550° C. for 15 to 20 minutes.

WASTEWATER. Water in which sewage has been discharged.

WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.

(Ord. 3-89, passed 2-27-89)

53.02 AUTHORITY OF CITY TO REGULATE.

(A) The city may make and enforce such bylaws and regulations as may be deemed necessary for the safe, economical and efficient management of the city’s sewage system, pumping stations and sewage treatment works, for the construction and use of house sewers and connections to the sewage treatment works, the sewage collection system and for the regulation, collection and rebating and refunding of such rates and charges.

(B) The city is hereby authorized to prohibit dumping of wastes into the city’s sewage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of the city, or to require method affecting pretreatment of said wastes to comply with the pretreatment standards included in the National Pollutant Discharge Elimination System (NPDES) permit issued to the sewage works or as contained in the EPA General Pretreatment Regulations, 40 CFR Part 403 and any amendments thereto, or the city’s Pretreatment Program Plan.

(Ord. 2-89, passed 2-13-89)

53.03 GENERAL PROHIBITIONS.

(A) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the said city, any human excrement, garbage or other objectionable waste.

(B) No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly, any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted water or unpolluted industrial water.

(C) Storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. No person shall use such sewers, however, without the specific permission of the city.

(D) No new connection shall be made unless there is capacity available to all downstream sewers, lift stations, force mains and the sewage treatment plant, including capacity for BOD and S.S.

(E) No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the city, any wastewater or other polluted water except where suitable treatment has been provided in accordance with provisions of this ordinance and the NPDES permit.

(F) No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted water except where suitable treatment has been provided in accordance with provisions of this subchapter and the NPDES permit.

(G) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

(H) For the installation of new sewers, the construction of any storm sewer shall be separate and distinct from any sanitary or combined sewers.

(I) For any construction tributary to the combined sewer system, the additional stormwater contribution to the existing combined sewer system shall be minimized or delayed to reduce the impact of the additional stormwater on the existing combined sewer system.

(Ord. 3-89, passed 2-27-89; Am. Ord. 23-92, passed 10-26-92) Penalty, see § 10.99

53.04 TOILET FACILITIES, CONNECTION TO SEWER REQUIRED.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located a public sanitary or combined sewer of the city is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet of the property line.

(Ord. 3-89, passed 2-27-89)

Statutory reference:

Authority to require connection, see I.C. 36-9-23-30

53.05 PRIVATE SEWAGE DISPOSAL SYSTEM.

(A) Where a public sanitary or combined sewer is not available under the provisions of § 53.04, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(B) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. A permit and inspection fee of $300 shall be paid to the city at the time the application is filed.

(C) A permit for private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within ________ hours of the receipt of notice by the Superintendent.

(D) The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the IDEM. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than ________ square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(E) At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in division (D), a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(F) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(G) When a public sewer becomes available, the building sewer shall be connected to said sewer within _______ days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

(H) No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

(Ord. 3-89, passed 2-27-89)

53.06 SEWER PERMITS.

(A) No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Clerk Treasurer.

(B) There shall be two classes of building sewer permits: For residential and commercial service, and for service to establishments producing material wastes. In either case, the owner or his agent shall make application on a special form furnished by the said city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Inspector. A permit and inspection fee of $5 for a residential or commercial building permit and $15 for an industrial building sewer permit shall be paid to the Clerk-Treasurer at the time the application is filed.

(Ord. 3-89, passed 2-27-89) Penalty, see § 10.99

Statutory reference:

Authority, I.C. 36-9-22-4

53.07 BUILDING SEWER REQUIREMENTS.

(A) All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(B) A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(C) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the said Inspector, to meet all requirements of this ordinance.

(D) The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointly testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(E) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(F) No person shall make connection of roof downspouts, basement drains, sump pumps, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(G) The connection of a building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

(H) The applicant for the building sewer permit shall notify the said Inspector when the building sewer is ready for inspection and connection to the public sewer. The construction shall be made under the supervision of the said Inspector or his representative.

(I) All excavations for building sewer installation must be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(J) For any new building, the stormwater drainage connection to a combined sewer shall be constructed separate and distinct from the sanitary waste connection in order to facilitate disconnection of the stormwater pipe if a separate storm sewer subsequently becomes available.

(Ord. 3-89, passed 2-27-89; Am. Ord. 23-92, passed 10-26-92)

53.08 PROHIBITED DISCHARGES TO PUBLIC SEWERS.

(A) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant.

(3) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment and personnel of the sewage works, or that interferes with any treatment process.

(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch, manure, hair and fleshings, entrails, paper, dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(5) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the wastewater works, or to exceed the limitations set forth in the applicable Federal Categorical Pretreatment Standards or other pretreatment standards or regulations issued by USEPA or the IDEM. A toxic pollutant identified pursuant to Section 307(a) of the Federal Water Pollution Control Act, as amended.

(B) No person shall discharge or cause to be discharged the following described substances, materials or wastes if it appears likely in the opinion of the Board that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the Board will give consideration to the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant and other pertinent factors. The substances prohibited are:

(1) Any liquid or vapor having a temperature higher than 150° F or 65° C.

(2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150° F or 0° and 65° C.

(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Board.

(4) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.

(5) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.

(6) Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Board as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters.

(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Board in compliance with applicable State or Federal regulations.

(8) Any waters or wastes having a pH in excess of 9.5.

(9) Materials which exert or cause:

(a) Unusual concentrations of inert S.S. (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(c) Unusual S.S., CBOD, BOD, Ammonia, Ammonia-Nitrogen, Phosphorus, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(d) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent can not meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(11) It shall be unlawful for any person to place, deposit, permit to be deposited, or discharged in any manner whatsoever, any substance into a sewer at a point different than the proposed sewer connection to the sanitary sewer system.

(Ord. 3-89, passed 2-27-89) Penalty, see § 10.99

53.09 BOARD AUTHORITY WITH REGARD TO HARMFUL WASTE.

(A) If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in this article, and which in the judgment of the Board may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or otherwise create a hazard to life or constitute a public nuisance, the Board may:

(1) Require new industries or industries with significant increase in discharges to submit information on wastewater characteristics and obtain prior approval for discharges.

(2) Reject the wastes in whole or in part for any reason deemed appropriate by the city.

(3) Require pretreatment of such wastes to within the limits of normal sewage as defined.

(4) Require control of flow equalization of such wastes so as to avoid any “slug” loads or excessive loads that may be harmful to the treatment works.

(5) Require payment of a surcharge on any excessive flows or loadings discharged to the treatment works to cover the additional costs of having capacity for and treating such wastes. If the Board permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Board and subject to the requirements of all applicable codes, ordinances and laws.

(B) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(Ord. 3-89, passed 2-27-89)

53.10 SUPERINTENDENT MAY REQUIRE MANHOLE.

When required by the Superintendent, the owner or any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. Agents of the city, the State Water Pollution Control Agencies and the USEPA shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing.

(Ord. 3-89, passed 2-27-89)

53.11 MEASUREMENTS, TESTS, ANALYSES.

All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole, except for application for NPDES permits and report thereof such shall be conducted in accordance with rules and regulations adopted by the USEPA, 40 CFR Part 136 and any subsequent revisions subject to approval by the city. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analysis involved will determine whether a 24 hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and S.S. analyses are obtained from 24 hour composites of all outfalls whereas pHs are determined from periodic grab samples.

(Ord. 3-89, passed 2-27-89)

53.12 SPECIAL AGREEMENTS FOR INDUSTRIAL WASTE.

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste or unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern, at such rates as are compatible with the rate ordinance.

(Ord. 3-89, passed 2-27-89)

53.13 PRETREATMENT REGULATIONS.

Pretreatment of industrial wastes from major contributing industries prior to discharge to the treatment works is required and is subject to the Rules and Regulations adopted by the USEPA (40 CFR Part 403), and “Guidelines Establishing Test Procedures for Analysis of Pollutants” (40 CFR Part 136), in addition to any more stringent requirements established by the city and subsequent State or Federal Guidelines and Rules and Regulations.

(Ord. 3-89, passed 2-27-89)

53.14 PRETREATMENT FACILITIES.

Plans, specifications and any other pertinent information relating to pretreatment of control facilities shall be submitted for approval of the city and no construction of such facilities shall be commenced until approval in writing is granted. Where such facilities are provided, they shall be maintained continuously in satisfactory and effective operating order by the owner at his expense and shall be subject to periodic inspection by the city to determine that such facilities are being operated in conformance with the applicable Federal, State and local laws and permits. The owner shall maintain operating records of the influent and effluent to show the performance of the treatment facilities and for comparison against city monitoring records.

(Ord. 3-89, passed 2-27-89)

53.15 DISCHARGE OF CERTAIN UNPOLLUTED WATERS.

Unpolluted water from air conditioners, cooling, condensing systems or swimming pools shall be discharged to a storm sewer, where it is available, or to a combined sewer approved by the city. Where a storm sewer is not available, discharge may be to a natural outlet approved by the city and by the State of Indiana. Where a storm sewer, combined sewer or natural sewer is not available, such unpolluted water may be discharged to a sanitary sewer pending written approval by the city.

(Ord. 3-89, passed 2-27-89)

53.16 DISCHARGE OF INDUSTRIAL COOLING WATER.

Industrial cooling water, which may be polluted with insoluble oils or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water shall be discharged in accordance with the above section.

(Ord. 3-89, passed 2-27-89)

53.17 CITY MAY REQUIRE INFORMATION ON WASTE WATER FLOW.

The city may require users of the treatment works, other than residential users, to supply pertinent information on wastewater flow characteristics. Such measurements, tests and analyses shall be made at the users’ expense. If made by the city, an appropriate charge may be assessed to the user at the option of the city.

(Ord. 3-89, passed 2-27-89)

53.18 SAMPLING OF WASTEWATER STRENGTH.

The strength of wastewaters shall be determined, for periodic establishment of charges provided for in the Sewer Rate Ordinance, from samplings taken at the aforementioned structure at any period of time and of such duration and in such manner as the city may elect, or at any place mutually agreed upon between the user and the city. Appropriate charges for sampling and analysis may be assessed to the user at the option of the city. The results of routine sampling and analysis by the user may also be used for determination of charges after verification by the city.

(Ord. 3-89, passed 2-27-89)

53.19 GREASE, OIL AND SAND INTERCEPTORS.

(A) Grease, oil and sand interceptors or traps shall be provided when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients, except that such interceptors or traps will not be required for private living quarters or dwelling units. All interceptors or traps shall be of a type and capacity approved by the city and shall be located so as to be readily accessible for cleaning and inspection. They shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures and shall be of substantial construction, be gas tight and equipped with easily removable covers. Where installed, all grease, oil and sand interceptors or traps shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

(B) Specifications for grease, oil, and sand interceptors shall be in accordance with Sections 711, 712, 713, of the Indiana Plumbing Rules, 1981 Edition, (660 IAC 9) originally published as (4 IR 2398), which identifies, amends, and incorporates therein the Uniform Plumbing Code, 1979 Edition. Copies of the aforementioned Code and Rules, Regulations and Codes adopted herein by reference are on file as required by law in the office of the Clerk-Treasurer.

(Ord. 3-89, passed 2-27-89)

53.20 NOTICE OF UNUSUAL FLOWS REQUIRED.

Users of the treatment works shall immediately notify the city of any unusual flows or wastes that are discharged accidentally or otherwise to the sewer system.

(Ord. 3-89, passed 2-27-89)

53.21 STATE AND FEDERAL LAW.

All provisions of this chapter and limits set herein shall comply with any applicable State and/or Federal requirements now, or projected to be, in effect.

(Ord. 3-89, passed 2-27-89)

53.22 TAMPERING WITH SEWAGE WORKS UNLAWFUL.

No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works.

(Ord. 3-89, passed 2-27-89)

53.23 CITY INSPECTIONS.

(A) The Superintendent, Inspector and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this ordinance. The Superintendent or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(B) While performing the necessary work on private properties referred to in Division (A) above, the Superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 52.10.

(C) The Superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 3-89, passed 2-27-89)

53.24 VIOLATIONS.

(A) Any person found to be violating any provisions of this ordinance shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(B) Any person who shall continue any violation beyond the time limit provided for in Division (A) shall be guilty of a violation and on conviction thereof shall be penalized as provided in § 10.99. Each day in which any violation shall continue shall be deemed a separate offense.

(C) Any person violating any of the provisions of this ordinance shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation.

(Ord. 3-89, passed 2-27-89) Penalty, see § 10.99

53.25 RIGHT TO ADMINISTRATIVE RELIEF.

Any person who believes himself aggrieved through the enforcement of this ordinance has the right to seek administrative relief before the city.

(Ord. 3-89, passed 2-27-89)

SEWER RATES

53.40 DEFINITIONS.

Unless the context specifically indicates otherwise, the meaning of terms used in this subchapter shall be as follows:

AMMONIA (or NH3-N) shall have the same meaning as defined in § 53.01.

BOARD shall mean the Board of Public Works and Safety of the City of Rensselaer, or any duly authorized officials acting in its behalf.

BOD (or BIOCHEMICAL OXYGEN DEMAND) shall have the same meaning as defined in § 53.01.

CBOD (or CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND) shall have the same meaning as defined in § 53.01.

CITY shall mean the City of Rensselaer acting by and through the Board of Public Works.

CLASS I shall mean the class of users who are connected to the city’s sanitary collection sewers and are either (1) located within the city limits of the City of Rensselaer, Indiana, or (2) outside the city limits, but the user connected to the sanitary collection system before May 24, 1993. A user owning a property outside the city limits that was classified as a Class I user loses that classification when the property is sold.

CLASS II shall mean the class of users who (1) convey their sanitary sewage to the Rensselaer Sewage Treatment Plant through a collection system the user owns and maintains, and (2) are located within the city limits of the City of Rensselaer, Indiana, or are located outside the city limits, but the user was connected to the sanitary collection system before May 24, 1993.

CLASS III shall mean the class of users who are connected to the city’s sanitary collection sewers and are located outside the city limits of the City of Rensselaer, Indiana. Class III users are billed at a rate 125% of the rates billed to users within the City of Rensselaer.

CLASS IV shall mean the class of users who (1) convey their sanitary sewage to the Rensselaer Sewage Treatment Plant through a collection system the user owns and maintains, and (2) are located outside the city limits of the City of Rensselaer, Indiana. Class IV users are billed at a rate 125% of the rates billed to users within the City of Rensselaer.

COD (or CHEMICAL OXYGEN DEMAND) shall have the same meaning as defined in § 53.01.

DEBT SERVICE COSTS shall mean the average annual principal and interest payments on all proposed revenue bonds or other long-term capital debt.

EXCESSIVE STRENGTH SURCHARGE shall mean an additional charge which is billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.

INDUSTRIAL WASTES shall mean the wastewater discharges from industrial, trade, or business processes as distinct from employee wastes or wastes from sanitary conveniences.

NORMAL DOMESTIC SEWAGE (for the purpose of determining surcharges) shall mean wastewater or sewage having an average daily concentration as follows:

(1) S.S. not more than 200 mg/l;

(2) BOD not more than 200 mg/l;

(3) Ammonia not more than 20 mg/l.

As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from industrial processes.

NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PERMIT shall have the same meaning as defined in § 53.01.

OPERATION AND MAINTENANCE COSTS includes all costs, direct and indirect, necessary to provide adequate wastewater collection, transport, and treatment on a continuing basis and produce discharges to receiving waters that conform with all related federal, state, and local requirements. (These costs include replacement.)

OTHER SERVICE CHARGES shall mean tap charges, connection charges, area charges, and other identifiable charges other than excessive strength surcharges.

PERSON shall mean any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, government agency, or other entity.

PHOSPHORUS shall have the same meaning as defined in § 53.01.

REPLACEMENT COSTS shall mean the expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

SEWAGE shall have the same meaning as defined in § 53.01.

SEWER USE ORDINANCE shall mean a separate and companion enactment to this subchapter, which regulates the connection to and use of public and private sewers.

SHALL is mandatory; MAY is permissive.

S.S. (or SUSPENDED SOLIDS) shall have the same meaning as defined in § 53.01.

USER CHARGES shall mean a charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204(b) of Public Law 92-500.

USER CLASS shall mean the division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (i.e., residential, commercial, industrial, institutional, and governmental in the user charge system).

(1) RESIDENTIAL USER shall mean a user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, etc.

(2) COMMERCIAL USER shall mean any establishment involved in a commercial enterprise, business, or service which based on a determination by the city discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

(3) INSTITUTIONAL USER shall mean any establishment involved in a social, charitable, religious, and/or educational function, which based on a determination by the city discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

(4) GOVERNMENTAL USER shall mean any federal, state, or local governmental user of the wastewater treatment works.

(5) INDUSTRIAL USER shall mean any manufacturing or processing facility that discharges industrial waste to a wastewater treatment works.

WEST SIDE SANITARY SEWER means the sanitary sewer installed by the city as shown on the map contained in Exhibit A. The installed sewers consist of an eight-inch and 10-inch gravity sewer along the north side of State Road 114 beginning just east of Interstate 65 to just east of County Road 850W including a branch that crosses to the south of State Road 114 approximately 250 feet west of the Yeoman Ditch. Also, consisting of a wastewater lift station designated as “I-65 East” located to the north of State Road 114 approximately 200 feet west of the Yeoman Ditch. Also, consisting of an eight-inch diameter force main extending from said lift station east along State Road 114 to County Road 850W, then south along County Road 850W to Bunkum Road, then east along Bunkum Road approximately 10,000 feet to a location directly north of the city’s wastewater treatment plant, then south through easements and across the Iroquois River, connecting to the headworks of the wastewater treatment plant.

(Ord. 12-93, passed 7-26-93; Am. Ord. 19-06, passed 10-23-06; Am. Ord. 7-07, passed 2-12-07; Am. Ord. 10-2008, passed 4-14-08; Am. Ord. 15-2011, passed 10-18-11; Ord. 12-2013, passed 12-9-2013; Am. Ord. 15-2020, passed 10-12-2020; Am. Ord. 20-2022, passed 12-19-2022)

53.41 RATES AND CHARGES.

(A) (1) Every person whose premises are served by said sewage works shall be charged for the service provided. These charges are established for each user class, as defined, in order that the sewage works shall recover, for each user and user class, revenue which is proportional to its use of the treatment works in terms of volume and load; user charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works. User charges shall be uniform in magnitude within a user class.

(2) User charges are subject to the rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal Register February 17, 1984 (40 CFR Part 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment. The various classes of user of the treatment works for the purpose of this subchapter shall be as follows:

Class I (City Users)	- Residential	Class III (Rural Users)	- Residential
	- Commercial		- Commercial
	- Governmental		- Governmental
	- Institutional		- Institutional
	- Industrial		- Industrial

Class II (City Users)	- Wholesale	Class IV (Rural Users)	- Wholesale

(B) For the use of the service rendered by the sewage works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate, or building that is connected with the city’s sanitary system or otherwise discharges sanitary sewage, industrial wastes, water, or other liquids, either directly or indirectly, into the sanitary sewage system of the City of Rensselaer. Such rates and charges shall include I/I charges, user charges, debt service costs, excessive strength surcharges, and other service charges, which rates and charges shall be payable as hereinafter provided and shall be in an amount determined as follows:

(1) Class I and Class III users.

(a) The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges as the same is measured by the water meter there in use, plus a base charge based on the size of water meter installed except as herein otherwise provided. For the purposes of billing and collecting the charges for sewage service, the water meters shall be read monthly. In situations where it is impracticable for a meter to be read, the monthly reading may be estimated and reconciled with the next meter reading. The users shall be billed each month (or period equaling a month). The water usage schedule on which the amount of said rates and charges shall be determined is as follows:

1. Treatment rate per 100 cubic feet of usage per month:

	Phase I	Phase II
Flow Charge	$ 5.52	$ 6.90	$ 5.85	$ 7.31

Phase I

Phase II

Effective 1/1/2023

Effective 1/1/2024

Class I Users

(City Rates)

Class III Users

(Rural Rates)

Class I Users

(City Rates)

Class III Users

(Rural Rates)

Flow Charge

$ 5.52

$ 6.90

$ 5.85

$ 7.31

Plus:

2. Base rate per month:

	Phase I		Phase II
	Effective 1/1/2023		Effective 1/1/2024
Meter Size	Class I Users (City Rates)	Class III Users (Rural Rates)	Class I Users (City Rates)	Class III Users (Rural Rates)
5/8" – 3/4"	$ 23.00	$ 28.75	$ 24.38	$ 30.48
1"	52.90	66.13	56.07	70.10
1-1/4" – 1-1/2"	118.80	148.50	125.93	157.41
2"	202.10	252.63	214.23	267.79
3"	559.80	699.75	593.39	741.74
4"	818.80	1,023.50	867.93	1,084.91
6"	1,833.90	2,292.38	1,943.93	2,429.92
8"	3,266.30	4,082.88	3,462.28	4,327.85

(b) For Class I and Class III users of the sewage works that are unmetered water users or when accurate meter readings are not available, the monthly charge shall be determined by equivalent single-family dwelling units (an equivalent dwelling unit is a factor determined by the city based on the ratio of a customer’s maximum daily flow to the maximum daily flow for an average residential customer), except as herein provided. Sewage service bills shall be rendered once each month (or period equaling a month). The schedule on which said rates and charges will be determined is as follows:

	Phase I	Phase II
User Charge	$ 58.95	$ 73.71	$ 62.49	$ 78.13

Phase I

Phase II

Effective 1/1/2023

Effective 1/1/2024

Class I Users

(City Rates)

Class III Users

(Rural Rates)

Class I Users

(City Rates)

Class III Users

(Rural Rates)

User Charge

$ 58.95

$ 73.71

$ 62.49

$ 78.13

(c) For the service rendered to the City of Rensselaer, said city shall be subject to the same rates and charges established in harmony therewith.

(d) In order to recover the cost of monitoring industrial wastes, the city shall charge the user not less than $75 per sampling event plus the actual cost for collecting and analyzing the sample as determined by the city or by an independent laboratory. This charge will be reviewed on the same basis as all other rates and charges in this subchapter.

(e) Class I users shall use the rates and charges hereto known as the city rates.

(f) Class III users shall use the rates and charges hereto known as rural rates.

(g) Until west side sanitary sewer user connects to the city municipal water utility, monthly water flow used to determine the monthly sewer bill as calculated in accordance with subdivision (B)(1)(a)1 and 2 shall be estimated. The city estimates the monthly flow based upon comparable businesses connected to the city water utility. The monthly base charge is for a two-inch meter size.

	Phase I	Phase II
	Effective 1/1/2023	Effective 1/1/2024
	Class I Users (City Rates)	Class I Users (City Rates)
Flow Charge	$ 5.52	$ 5.85
Base Rate per month 2" meter size	$58.95	$62.49

(2) Class II and Class IV users.

(a) Class II and Class IV users shall be those users who own and maintain their own collection system, do not make use of the city’s collection system, and whose billable flow is determined by a meter located at a point so as to record all of the Class II and Class IV users’ inflow and infiltration.

(b) The sewage rates and charges shall be based on the quantity of flow generated by the user. For the purpose of billing and collecting the charges for sewage service, the meter shall be read monthly. In situations where it is impracticable for a meter to be read, the monthly reading may be estimated and reconciled with the next meter reading. The users shall be billed each month (or period equaling a month). The usage schedule on which the amount of said rates and charges shall be determined is as follows:

1. Treatment rate per 1,000 gallons of usage per month:

	Phase I	Phase II
User Charge	$ 6.37	$ 7.96	$ 6.75	$ 8.44

Phase I

Phase II

Effective 1/1/2023

Effective 1/1/2024

Class II Users

(Wholesale

City Rates)

Class IV Users

(Wholesale

Rural Rates)

Class II Users

(Wholesale

City Rates)

Class IV Users

(Wholesale

Rural Rates)

User Charge

$ 6.37

$ 7.96

$ 6.75

$ 8.44

2. Monthly billing rate:

	Phase I	Phase II
User Charge	$ 58.90	$ 73.40	$ 62.43	$ 77.80

Phase I

Phase II

Effective 1/1/2023

Effective 1/1/2022

Class II Users

(Wholesale

City Rates)

Class IV Users

(Wholesale

Rural Rates)

Class II Users

(Wholesale

City Rates)

Class IV Users

(Wholesale

Rural Rates)

User Charge

$ 58.90

$ 73.40

$ 62.43

$ 77.80

(d) Class IV users shall use the rates and charges hereto known as wholesale rural rates.

(Ord. 12-93, passed 7-26-93; Am. Ord. 7-04, passed 3-22-04; Am. Ord. 11-04, passed 6-14-04; Am. Ord. 19-06, passed 10-23-06; Am. Ord. 7-07, passed 2-12-07; Am. Ord. 10-2008, passed 4-14-08; Am. Ord. 15-2011, passed 10-18-11; Ord. 12-2013, passed 12-9-2013; Am. Ord. 08-2020, passed 4-13-2020; Am. Ord. 15-2020, passed 10-12-2020; Am. Ord. 20-2022, passed 12-19-2022)

53.42 CHARGES RELATED TO SPECIAL USE CONSIDERATIONS.

The quantity of water discharged into the sanitary sewage system and obtained from sources other than the utility that serves the city shall be determined by the city in such manner as the city shall reasonably elect, and the sewage service shall be billed at the above appropriate rates; except as hereinafter provided in this section, the city may make proper allowances in determining the sewage bill for quantities of water shown on the records to be consumed, but which are also shown to the satisfaction of the city that such quantities do not enter the sanitary sewage system.

(A) In the event a lot, parcel of real estate, or building other than a single-family dwelling unit discharging sanitary sewage, industrial wastes, water, or other liquids into the city’s sanitary sewage system, either directly or indirectly, is not a user of water supplied by the water utility serving the city, and the water used thereon or therein is not measured by a water meter, or is measured by a water meter not acceptable to the city, then the amount of water used shall be otherwise measured or determined by the city. In order to ascertain the rate or charge provided in this subchapter, the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the city for the determination of sewage discharge.

(B) In the event a lot, parcel of real estate, or building discharging sanitary sewage, industrial wastes, water, or other liquids into the city’s sanitary sewage system, either directly or indirectly, is a user of water supplied by the water utility serving the city, and in addition, is a user of water from another source which is not measured by a water meter or is measured by a meter not acceptable to the city, then the amount of water used shall be otherwise measured or determined by the city. In order to ascertain the rates or charges, the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the city for determination of sewage discharge.

(C) In the event two or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, water, or other liquids into the city’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the quantity of water used shall be averaged for each user and the base charge and the flow rates and charges shall apply to each of the number of residential lots, parcels of real estate, or buildings served through the single water meter.

(D) In the event two or more dwelling units such as mobile homes, apartments, or housekeeping rooms discharging sanitary sewage, water, or other liquids into the city’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, billing shall be for a single service in the manner set out elsewhere herein, except that the minimum bill shall be in the amount shown below per month per dwelling unit served through the single water meter.

Effective 1/1/2023	$23.00
Effective 1/1/2024	$24.38

In the case of mobile home courts, the number of dwelling units shall be computed and interpreted as the total number of mobile home spaces available for rent plus any other dwelling units served through a meter. A dwelling unit shall be interpreted as a room or rooms or any other space or spaces in which cooking facilities are provided.

(E) In the event a lot, parcel of real estate, or building discharging sanitary sewage, industrial wastes, water, or other liquids into the city’s sanitary sewage system, either directly or indirectly, and uses water in excess of 10,000 gallons per month, and it can be shown to the satisfaction of the city that a portion of water as measured by the water meter or meters does not and cannot enter the sanitary sewage system, then the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the city for the determination of sewage discharge.

(Ord. 12-93, passed 7-26-93; Am. Ord. 11-04, passed 6-14-04; Am. Ord. 19-06, passed 10-23-06; Am. Ord. 7-07, passed 2-12-07; Am. Ord. 10-2008, passed 4-14-08; Am. Ord. 15-2011, passed 10-18-11; Ord. 12-2013, passed 12-9-2013; Am. Ord. 15-2020, passed 10-12-2020; Am. Ord. 20-2022, passed 12-19-2022)

53.43 CHARGES RELATED TO STRENGTH AND CHARACTER OF WASTES.

In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the city shall base its charges not only on the volume, but also on the strength and character of the stronger-than-normal domestic sewage and wastes which it is required to treat and dispose of. The city shall require the user to determine the strength and content of all sewage and wastes discharged either directly or indirectly into the sanitary sewage system, in such manner, by such method, and at such times as the city may deem practicable in light of the conditions and attending circumstances of the case, in order to determine the proper charge. The user shall furnish a central sampling point available to the city at all times.

(A) Normal sewage domestic waste strength should not exceed ammonia in excess of 20 milligrams per liter of fluid, suspended solids in excess of 200 milligrams per liter of fluid, or biochemical oxygen demand in excess of 200 milligrams per liter of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis:

(1) Rate surcharge based upon suspended solids. There shall be an additional charge per pound of suspended solids for suspended solids received in excess of 200 milligrams per liter of fluid.

	Phase I	Phase II
	Effective 1/1/2023	Effective 1/1/2024
Suspended Solids	$ 0.50	$ 0.53

(2) Rate surcharge based upon BOD. There shall be an additional charge per pound of biochemical oxygen demand for BOD received in excess of 200 milligrams per liter of fluid.

	Phase I	Phase II
	Effective 1/1/2023	Effective 1/1/2024
BOD	$ 0.50	$ 0.53

(3) Rate surcharge based upon ammonia. There shall be an additional charge per pound of ammonia received in excess of 20 milligrams per liter of fluid.

	Phase I	Phase II
	Effective 1/1/2023	Effective 1/1/2024
Ammonia	$ 1.97	$ 2.09

(B) The determination of suspended solids, biochemical oxygen demand, and ammonia contained in the waste shall be in accordance with the latest copy of “Standard Methods for the Elimination of Water, Sewage, and Industrial Wastes” as written by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, and in accordance with “Guidelines Establishing Test Procedures for Analysis of Pollutants,” 40 CFR Part 136.

53.44 BILLING PROCEDURE.

Such rates and charges shall be prepared, billed, and collected by the city in the manner provided by law and this subchapter.

(A) The rates and charges for all users shall be prepared and billed monthly. Annually, each user shall be notified of the portion of the total billing charged for operation, maintenance, and replacement for that user during the preceding year.

(B) The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but such billing shall in no way relieve the owner from the liability in the event payment is not made as herein required.

The owners of properties served which are occupied by a tenant or tenants shall have the right to examine the collection records of the city for the purpose of determining whether bills have been paid by such tenant or tenants; provided, that such examination shall be made at the office at which such records are kept and during the hours that such office is open for business.

53.45 STUDIES TO DETERMINE FAIRNESS OF RATES.

(A) In order that the rates and charges for sewage services may remain fair and equitable and be in proportion to the cost of providing services to the various users of user classes, the city shall cause a study to be made within a reasonable period of time following the first two years of operation, following the date on which the ordinance codified in this subchapter goes into effect. Such study shall include, but not be limited to, an analysis of the cost associated with the treatment of excessive strength effluents from industrial users or user classes, the financial position of the sewage works, and the adequacy of its revenue to provide reasonable funds for the operation and maintenance, replacements, debt service requirements, and capital improvements to the wastewater treatment systems.

(B) Thereafter, on a biennial basis, within a reasonable period of time following the normal accounting period, the city shall cause a similar study to be made for the purpose of reviewing this fairness, equity, and proportionality of the rates and charges conducted by officers or employees of the city or by a firm of certified public accountants, or a firm of consulting engineers, which firms shall have experience in such studies, or by such combination of officers, employees, certified public accountants, or engineers as the city shall determine to be best under the circumstances. The city shall, upon completion of said study, revise and adjust the rates and charges as necessary in accordance therewith in order to maintain the proportionality and sufficiency of the rates.

53.46 AUTHORITY TO MAKE AND ENFORCE REGULATIONS.

The city may make and enforce such by-laws and regulations as may be deemed necessary for the safe, economical, and efficient management of the city’s sewage system, pumping stations, and sewage treatment works, for the construction and use of house sewers and connections to the sewage treatment works, the sewage collection system, and for the regulation, collection, and rebating and refunding of such rates and charges. The city is hereby authorized to prohibit dumping of wastes into the city’s sewage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of the city, or to require method affecting pretreatment of said wastes to comply with the pretreatment standards included in the NPDES permit issued to the sewage works or as contained in the EPA General Pretreatment Regulation, 40 CFR Part 403 and any amendments thereto, or the city’s pretreatment program plan.

53.47 CONNECTION CHARGE.

The owner of any residential lot, parcel of real estate, or building connecting to the sewage works shall, prior to being permitted to make a connection, pay a connection charge in the amount of $2,000 for each connection inside the city limits and $2,300 for each connection outside the city limits. The Council, acting as Utility Board, now finds such a connection charge to be reasonable and equitable pro rata cost of construction of a local or lateral sewer adequate to serve the property so connecting and the cost of providing a connection to the sewer, excavation, backfilling, pavement replacement, and installation of a sewer line from the sewer to the property line. All commercial, institutional, governmental, and industrial users will be charged actual time and material for the installation of a sewage tap, with the minimum fee being $2,000 for each connection inside the city limits and $2,300 for each connection outside of the city limits. The Utility Board now finds that such a method of charging said users is just and reasonable, as this class of users often times has unique requirements not found with residential taps that result in greater overall cost to construct and connect the tap. Provided, however, no connection charge will be required of any customer connecting to a local or lateral sewer within 180 days of the date on which said sewer was available for connection. Connection charges will be imposed on any connection and on all connections made to future extensions of the system.

53.48 APPEAL PROCEDURE.

The rules and regulations promulgated by the city, after approval by the Utility Board, shall, among other things, provide for an appeal procedure whereby a user shall have the right to appeal a decision of the administrator of the sewage system and user charge system to the Utility Board, and that any decision concerning the sewage system or user charges of the Utility Board may be appealed to the circuit court of the county under appeal procedures provided for in the Indiana Administrative Adjudication Act.

53.49 AUTHORITY FOR SPECIAL RATE CONTRACTS.

The Board is hereby further authorized to enter into special rate contracts with customers of the sewage works where clearly definable reduction in cost to the sewage works can be determined, and such reduction shall be limited to such reduced costs.

(Ord. 12-93, passed 7-26-93; Am. Ord. 19-06, passed 10-23-06; Am. Ord. 7-07, passed 2-12-07; Am. Ord. 10-2008, passed 4-14-08; Ord. 12-2013, passed 12-9-2013; Am. Ord. 15-2020, passed 10-12-2020; Am. Ord. 20-2022, passed 12-19-2022)

53.50 RIGHT TO ADMINISTRATIVE RELIEF.

Any person who believes himself aggrieved through the enforcement of this subchapter has the right to seek administrative relief before the city.

(Ord. 12-93, passed 7-26-93; Am. Ord. 19-06, passed 10-23-06; Am. Ord. 7-07, passed 2-12-07; Ord. 12-2013, passed 12-9-2013; Am. Ord. 15-2020, passed 10-12-2020; Am. Ord. 20-2022, passed 12-19-2022)